Decriminalization of marijuana not proper solution

Published 6:00 pm, Friday, February 27, 2009

On Election Day, Massachusetts voters approved a sweeping marijuana decriminalization law. Now, other states are watching Massachusetts to see what effects a less stringent marijuana law will produce.

The law makes possession of an ounce or less of pot a civil offense punishable by a $100 fine (with minors required to attend a drug awareness program). The law passed rather easily with 65 percent of the vote.

Massachusetts is not the first state to decriminalize marijuana possession. Twelve other states have also passed such measures. If you remember, there was a concentrated effort to decriminalize the use of marijuana in a period between 1973 and 1978. Massachusetts, however, is the first since the 1970s to eliminate criminal penalties for possession of small amounts of the drug, even for repeat offenders.

This kind of movement is highly popular even with some law enforcement officials and prosecutors, who find getting conviction for small amounts of marijuana difficult at best.

But in Massachusetts, law enforcement is the complaining factor, saying the law is poorly written and nearly unenforceable. While marijuana remains an illegal substance, full decriminalization, as is the case in Massachusetts, removes officers' powers of arrest, which means police can't compel offenders to identify themselves.

The new Massachusetts law specifically does allow communities to draft their own public consumption ordinances, and dozens are considering doing so. Ordinances being considered would make it an illegal and arrestable offense to smoke marijuana in public.

It appears not all Massachusetts lawmakers are enamored with the new law, but legislators are caught between a rock and a hard place on the issue. They are being cautious politically, and they don't want to be seen as disagreeing with the will of the people.

Many fear this vote was the first step toward full legalization of marijuana, but the most pressing fear now is that every city will end up with a different ordinance and there will be no way for a clear cut law from community to community.

Marijuana use remains a controversial issue, but as long as the drug is considered illegal on the national front, laws like this in Massachusetts will only confuse the issue and ultimately send the wrong message to those who would see the law as a deterrent to use.

We don't need any further confusion and we should continue to enforce laws that deal with the use of illegal drugs. Decriminalization is not the right path to take.